FPSLREB Decisions

File: 181-2-378 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE PUBLIC SERVICE ALLIANCE OF CANADA Bargaining Agent and TREASURY BOARD Employer

RE: Designated Positions - Engineering and Scientific Support Group

Before: Yvon Tarte, Chairperson

(Decided without an oral hearing)

Decision Page 1 DECISION DESIGNATING POSITIONS A decision was issued by the Board on November 27, 1997, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating the positions in the Engineering and Scientific Support Group bargaining unit contained in diskettes EG1.xls, EG2.xls and EG3.xls, which the parties had agreed have safety or security duties.

By letter dated July 10, 1998 the employer advised the Board that the parties had agreed to amend the list of designated positions identified in the above diskettes. As a result of this agreement certain positions were deleted from the list and six positions were added to the list. Enclosed with the employer’s letter was a letter dated July 8, 1998 signed by the bargaining agent in which it agreed with the changes proposed by the employer, together with two diskettes bearing identification EG1-2 and EG3-2. The employer also advised that no changes were made on diskette EG2.xls. These diskettes are contained in the Board file and are accepted as an amendment by the parties of the diskettes referred to in the Board’s decision of November 27, 1997 and contain all of the positions which the parties now agree have safety or security duties.

On the basis of the agreement of the parties, the Board hereby revokes the designation of those positions designated by its decision of November 27, 1997 and which do not appear on the list of positions contained in the diskettes enclosed with the employer’s letter of July 10, 1998. The Board also revokes the Forms 13 issued for those positions and will destroy the Forms 13 for those positions that were returned by the employer.

Also on the agreement of the parties, the Board designates the six positions listed in the diskettes enclosed with the employer’s letter of July 10, 1998 that were not designated by the Board’s decision of November 27, 1997.

Furthermore, pursuant to section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (the Regulations), the persons who occupy those six positions are to be so informed as set out in the decision of the Board of November 27, 1997. Thereafter future occupants of these positions shall be notified within thirty days of the date on which they first occupy the positions.

Public Service Staff Relations Board

Decision Page 2 Pursuant to section 78.5 of the Act, the Board hereby authorizes the employer to inform the employees occupying the six positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of the six designated positions containing all the information required, with the exception of the name of the employee occupying the designated position and the "Dated at..." portion of the Form, which is to be completed by the employer prior to notification.

The Board draws the employer's attention to its responsibility under subsection 60(2) of the Regulations that, on the notification of an employee who occupies a designated position, it is to provide forthwith a copy of the notice referred to in subsection 60(1) of the Regulations to the bargaining agent.

Yvon Tarte Chairperson OTTAWA, August 12, 1998.

Public Service Staff Relations Board